People v. Brown

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 30, 1975 (the date on the clerk’s extract is July 28, 1975), convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. No contentions have been raised with respect to the sufficiency of the findings of fact. The trial court erred in charging the jury as follows: "Moreover, even if you find that the undercover officer requested the…